President Michael D Higgins has signed into law the Defence (Amendment) Bill 2024 following a referral to the Council of State. A statement from Áras an Uachtaráin said President Higgins considered "all of the options" available to him.

The bill had raised concerns from Representative Association of Commissioned Officers (RACO), over the blocking of members of the Defence Forces from commenting on government policy.

The President's statement added that the decision to sign the legislation "does not close off any actions sought by any member of the Defence Forces, or their representative association, to challenge the provisions of the Bill in the future," meaning it leaves it open to any member of the defence forces to take a case based on a direct experience.

If the bill had been referred to the Supreme Court and was later enacted, it would no longer be possible for any court to question its validity.

President Higgins this afternoon convened a meeting of the Council of State at Áras an Uachtaráin for the purpose of his hearing from the Council regarding the constitutionality of the Defence (Amendment) Bill 2024. pic.twitter.com/Svoy64034k

— President of Ireland (@PresidentIRL) July 15, 2024

After passing all stages in the Oireachtas earlier this month, the legislation was referred to the Council of State by President Higgins. The council met on Monday to discuss the constitutionality of the Defence (Amendment) Bill, seeking their views on whether or not to refer the bill to the Supreme Court.

The Council of State is made up of former presidents Mary Robinson and Mary McAleese, current taoiseach Simon Harris and former taoisigh Bertie Ahern, Leo Varadkar and Enda Kenny. Others members present included Susan Denham,  Frank Clarke, Attorney General Rossa Fanning, activist Sinead Burke and Senator Jerry Buttimer.